HomeMy Public PortalAboutPolicy Resolution-19 R2016-006R2016-6 (Policy Resolution No. 19) Page 1 of 2 January 19, 2016
RESOLUTION R2016-6
POLICY RESOLUTION NO. 19
POLICY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NAPA, STATE OF CALIFORNIA, REGARDING
NORMS OF OPERATION AND RULES OF ORDER AND
PROCEDURES FOR CONDUCTING CITY COUNCIL
MEETINGS AND UPDATING POLICY RESOLUTION NO. 19
WHEREAS, the City Council has an interest in establishing Rules of Order and
Norms of Operation that adhere to relevant state and local law and provide for an
environment which adheres to open and public discourse; and
WHEREAS, the City Council has previously adopted Policy Resolution No. 19 as
updated on February 19, 2008, (R2008 32, hereinafter referred to as the “2008 Policy
Resolution”), to establish procedures by which the meetings conducted by City Council
are operated.
WHEREAS, there is a need to update the procedures for conducting meetings to
be consistent with Policy Resolution No. 10 (related to meetings of City Commissions)
and to incorporate references to the requirements of State law related to the Brown Act
and the Political Reform Act.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as
follows:
1.The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City
Council’s adoption of this Resolution.
2.The City Council hereby repeals the 2008 Policy Resolution (R2008 32)
and hereby adopts Policy Resolution No. 19, as set forth in Exhibit “A,”
attached hereto and incorporated herein by reference.
3.The City Council hereby authorizes the City Attorney to attach to this
Resolution a summary of the requirements of the Brown Act, as relevant
to the responsibilities of members of the City Council and to update that
attached summary as necessary to describe the requirements of State law
(see Exhibit “B”).
4.The City Council hereby authorizes the City Attorney to attach to this
Resolution a summary of the requirements of the Political Reform Act (and
related conflict of interest laws), as relevant to the responsibilities of
members of the City Council, and to update that summary as necessary
to describe the requirements of State law (see Exhibit “C”).
Page 1 of 37
R2016-6 (Policy Resolution No. 19) Page 2 of 2 January 19, 2016
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Napa at a public meeting of said City Council held on the 19th day
of January, 2016, by the following vote:
AYES: Mott, Inman, Luros, Sedgley, Techel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ________________________
Dorothy Roberts
City Clerk
Approved as to form:
___________________________________
Michael W. Barrett
City Attorney
Page 2 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 1 of 24
Policy Resolution No. 19
1. Adoption.
The City Council hereby approves the updated Policy Resolution No. 19
(hereinafter referred to as “Policy Resolution No. 19” or “this resolution”), as set
forth herein.
2. Purpose and Goals.
2.1. The City Council shall conduct its meetings in an open and public manner in
accordance with the “Brown Act” (California Government Code Section 54950 et
seq.; as summarized in this resolution, and Exhibit “B,” attached hereto and
incorporated herein by reference), and in a manner that will provide reasonable
and equitable opportunities for representatives of all sides of an issue to civilly
present their ideas and concerns to the Council.
2.2. The City Council intends this resolution to document the procedural parameters
by which the Council will conduct its meetings, and by which the Council will
communicate with City staff and members of the public, consistent with the
requirements of State law (including the State Conflict of Interest laws, as
summarized in this resolution, and Exhibit “C,” attached hereto and incorporated
herein by reference) and the City’s constitutional “home rule” authority as a
charter city pursuant to California Constitution Article XI, Section 5.
2.3. The City Council shall take action on only those items that are within the subject
matter jurisdiction of the City, as authorized by the City Charter.
2.4. This resolution is adopted pursuant to Charter Section 61, which provides for the
Council’s establishment of its rules and order of business.
3. Regular Meetings of the City Council.
3.1. The date, time, place, and agenda notice of each regular meeting shall be as set
forth in this resolution, unless otherwise specified by ordinance or resolution of
the City Council. The City Council shall hold a regular meeting at least once a
month. (See California Government Code Section 54954; City Charter Section
60; and Napa Municipal Code Section 2.04.050.)
3.2. Regular meetings of the City Council shall be held on the first and third Tuesday
of each month, commencing at 3:30 p.m., at City Hall Council Chambers, 955
School Street, Napa, California, unless modified pursuant to Napa Municipal
Code Section 2.04.050.
3.3. The agenda for each regular meeting shall identify the date, time, and place of
the meeting, with a brief general description of each item of business to be
Page 3 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 2 of 24
transacted or discussed at the meeting, and the order of business. The agenda
shall be posted at least 72 hours before the meeting at a location that is freely
accessible to members of the public. At a minimum, the agenda shall be posted
at a visible location in front of City Hall at 955 School Street, Napa, California.
(See California Government Code Section 54954.2.)
3.4. The agenda for each regular meeting shall identify the scheduled order of
business. The agenda shall be established by the City Manager according to the
guidelines set forth in Section 5 of this Resolution; however, the Mayor may
modify the order of business if it is determined that the modification will facilitate
the efficient and fair conduct of the meeting. The order of business as
established by the City Manager or the Mayor may be overridden by a vote of
the City Council per Section 5.3 of this Resolution.
4. Types of City Council Meetings. In addition to holding regular meetings, as
described above, the City Council may conduct any of the following types of
meetings in accordance with the Brown Act:
4.1. Special Meetings.
4.1.1. A special meeting may be called at any time by the Mayor, or by a majority
of the members of City Council. The agenda notice of the special meeting
shall be prepared and delivered in accordance with California Government
Code Section 54956 and Section 9.4 of this Policy.
4.1.2. The agenda notice for each special meeting shall identify the date, time,
and place of the meeting, with a brief general description of each item of
business to be transacted or discussed at the meeting, and the order of
business. The agenda shall be posted at least 24 hours before the time of
the meeting at a location that is freely accessible to members of the public.
At a minimum, the agenda shall be posted at a visible location in front of City
Hall at 955 School Street, Napa, California.
4.1.3. The agenda for each special meeting shall identify the scheduled order of
business. The order of business for each agenda shall be established by the
City Manager; however, the Mayor may modify the order of business if it is
determined that the modification will facilitate the efficient and fair conduct of
the meeting. The order of business as established by the City Manager or
the Mayor may be overridden by a vote of the City Council per Section 5.3 of
this Resolution.
4.2. Closed Sessions. The City Council is authorized to meet in a closed session
meeting, not open to the public, as a part of any noticed regular meeting or
special meeting. The subject matter of any closed session meeting shall be
limited to the topics authorized by the Brown Act, and notices of closed session
Page 4 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 3 of 24
topics shall be made as required by the Brown Act, as generally summarized by
California Government Code Section 54954.5.
4.2.1. The City shall publicly report any action taken in closed session pursuant
to California Government Code Section 54957.1.
4.2.2. The City Council designates the City Clerk to attend closed session
meetings of the City Council and keep confidential closed session minutes,
pursuant to California Government Code Section 54957.2.
4.3. Adjourned Meetings. Any regular meeting or special meeting may be adjourned
to a different date, time, and/or place as specified in an order of adjournment
posted pursuant to California Government Code Section 54955. (See also
Subsection 7.5.4.1.)
4.4. Continued Hearings. Any hearing (that is noticed to be held by the City Council
at any regular meeting or special meeting) may be continued to a different date,
time, and/or place as specified in an order or notice of continuance posted
pursuant to California Government Code Section 54955.1.
4.4.1. Items that are continued from one meeting to a subsequent meeting shall
be provided preference for consideration by Council at the subsequent
meeting.
4.5. Joint Meetings. The City Council may jointly meet with another legislative body
(such as the City of Napa Planning Commission, or the County of Napa Board of
Supervisors) as a part of any noticed regular meeting or special meeting of the
City Council.
4.6. Emergency Meetings. The City Council is authorized to hold an emergency
meeting if a majority of the members of the City Council determines that there is
an “emergency situation” as defined by California Government Code Section
54956.5. The City shall provide notice of the emergency meeting as required by
California Government Code Section 54956.5, which generally requires notice to
be provided one hour prior to the meeting. The City shall also provide notice to
each member of Council pursuant to Section 9.4 of this Policy.
4.7. Teleconference Meetings. The City Council is authorized to connect less than a
quorum of individual members of Council to any regular meeting or special
meeting by “teleconferencing” (connecting the Council members to the meeting
by electronic means, through either audio or video, or both) pursuant to the
requirements of the Brown Act (California Government Code Section 54953). An
individual member of City Council may request authorization from City Council to
connect to a particular meeting by teleconferencing. If the City Council
determines that teleconferencing is warranted for the benefit of the public and
the City Council for that particular situation, the City Council may direct the City
Page 5 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 4 of 24
Manager to implement a teleconferenced meeting pursuant to the requirements
of the Brown Act.
5. Order of Business for Regular Meetings. The City will endeavor to maintain a
consistent order of business for agenda items for regular meetings pursuant to the
guidelines set forth in this Section 5; however, exceptions may be warranted based
on unusual or unexpected circumstances in order to facilitate the efficient and fair
conduct of the meeting.
5.1. Call to Order (Afternoon Session). The Mayor will call each regular meeting to
order at 3:30 p.m. The portion of the meeting commencing at 3:30 p.m. may be
referred to as the “Afternoon Session” of the City Council meeting.
5.1.1. The members of the City Council, along with two tenants appointed by the
City Council, serve as the Board of Commissioners for the Housing Authority
of the City of Napa (“HACN”). Pursuant to the HACN Bylaws, unless
otherwise specified by resolution of the HACN Board, HACN holds its
regular meetings on the first Tuesday of each month at 3:30 p.m. at City Hall
Council Chambers. Thus, on the first Tuesday of each month, the regular
meeting of the HACN Board will first be called to order at 3:30 p.m.
Immediately following the conclusion of the HACN Board meeting, the
business of the City Council regular meeting shall commence.
5.1.2. The members of the City Council serve as the Agency Board for the
Successor Agency to the Napa Community Redevelopment Agency
(“Successor Agency”).
5.2. Roll Call (Afternoon Session). The City Clerk will call the roll for the City Council.
5.3. Agenda Review. If it is determined (by the Mayor, the City Manager, or a vote of
City Council) that there is a need for any changes to the agenda in order to
facilitate the efficient and fair conduct of the meeting, it is appropriate to identify
the changes at the beginning of the Afternoon Session. However, changes to the
agenda may be approved by the Mayor or a vote of the City Council at any time
during the Council meeting (as authorized by Section 3.4 of this Resolution).
5.3.1. Factors which may be considered in changing the order of business for
the agenda include: the number of speakers who wish to address the
Council for particular items, the estimated time required to consider and act
on the items on the agenda, the time available to address items on the
agenda, and any other factors that are unusual or were unanticipated at the
time the agenda was prepared.
5.4. Public Comment (Afternoon Session).
Page 6 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 5 of 24
5.4.1. The Public Comment period provides an opportunity for members of the
public to directly address the City Council on any item of interest to the
public that is within the subject matter jurisdiction of the City. (California
Government Code Section 54954.3.)
5.4.2. Unless modified pursuant to Resolution Section 6, each speaker’s
comments will be no more than three minutes, and will comply with the
requirements of this Resolution.
5.4.3. If the subject of the comments is covered under an item on the meeting
agenda for which Council will separately hear public comments (such as
Hearings and Appeals), the member of the public may be requested to
reserve comments to the appropriate time on the agenda.
5.4.4. If the subject of the comments is covered under an item on the meeting
agenda for which Council is not required to separately hear public
comments (such as Consent Calendar and Administrative Reports), the
member of the public may make the comments during the Public Comment
period, and/or request City Council (subject to approval by the Mayor or a
vote of the Council) to accept public comment prior to taking action on the
item.
5.4.5. If the subject of the comments is not covered under an item on the
meeting agenda, the Brown Act strictly limits the City’s ability to respond.
(California Government Code Section 54954.2.) Consistent with the Brown
Act, the City’s response will be limited to either: (1) the Mayor or a member
of City Council may provide, or the Mayor may direct City staff to provide, a
brief response to comments made; or (2) a vote of the City Council may
direct staff to bring back a report in response to the comments at a
subsequent meeting.
5.5. Consent Calendar. Consent Calendar items are considered routine, and may be
approved by a single vote of the City Council. The Mayor or any Councilmember
may request that any item be removed from the Consent Calendar so that
Council action may be taken separately on the item. Public input will be
accepted at this time only if approved by the Mayor or a vote of the Council.
Typically, the Consent Calendar may include items such as approval of minutes,
second reading of ordinances, appropriation of funds, and approval of contracts.
5.6. Administrative Reports (Afternoon Session). Administrative Report items include
reports and recommendations from City staff that do not require a public hearing
prior to action by the City Council. Public input will be accepted for
Administrative Reports only upon approval by the Mayor or a vote of City
Council. Administrative Report items scheduled in the Afternoon Session are
generally items for which significant public input is not expected, typically due to
the routine or non-controversial nature of the report. If time does not permit
Page 7 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 6 of 24
discussion of Administrative Report items in the Afternoon Session, or if
significant public input is expected, the item may be considered by City Council
in the Evening Session.
5.7. Brief Comments by Council or City Manager (Afternoon Session). A member of
City Council or the City Manager may ask a question for clarification, make a
brief announcement, or make a brief report of his or her activities (including
participation on City ad hoc committees, or other legislative bodies such as the
Napa Sanitation District). (California Government Code Section 54954.2.) An
individual member of Council may request staff to report back on a matter or
place a matter for discussion on a subsequent meeting agenda (including a
motion for reconsideration under Section 7.7.5), subject to approval of direction
to staff by a vote of the City Council.
5.8. Closed Session. The last item on the public agenda for the Afternoon Session
shall be the announcement of items of closed session, pursuant to Section 4.2 of
this Resolution.
5.8.1. Each member of Council and City staff shall maintain the confidentiality of
any written or oral information provided during closed session meetings.
5.8.2. No member of Council or City staff shall reveal any confidential
information communicated during closed session except to the extent
authorization is provided by a vote of City Council.
5.9. Recess. Following the announcement of items of closed session, the Mayor is
authorized to call a recess of the public portion of the regular meeting until 6:30
p.m.
5.10. Call to Order (Evening Session). At 6:30 p.m., the Mayor will call the Evening
Session of the meeting to order.
5.11. Roll Call (Evening Session). The City Clerk will call the roll for the City Council
in the Evening Session, in the same manner as the Afternoon Session.
5.12. Pledge of Allegiance.
5.13. Special Presentations. Special presentation items generally include
recognition of persons or groups for service to the community.
5.14. Report Actions Taken In Closed Session. This is a report of action taken in
closed session, if any, as required pursuant to California Government Code
Section 54957.1.
Page 8 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 7 of 24
5.15. Public Comment (Evening Session). Members of the public may speak during
the Public Comment (Evening Session), under the same rules that apply to the
Public Comment (Afternoon Session).
5.16. Administrative Reports (Evening Session). See description under
Administrative Reports (Afternoon Session), above.
5.17. Hearings and Appeals.
5.17.1. Consent Hearing. If an item is required to be noticed as a public hearing,
but the City is not aware of any interest by members of the public to
comment on the item, the item may be listed as a “Consent Hearing.” For
each Consent Hearing item, the Mayor shall announce to the public the item
to be considered, and ask if there is anyone present who wishes to be heard
on the item. If anyone wishes to be heard, the item shall be considered
under the processes for a Public Hearing (below). If no person indicates an
interest to be heard, the City Council may consider the public hearing to
have been opened and closed, and the City Council may take action on the
item.
5.17.2. Public Hearings.
5.17.2.1. For each Public Hearing or Appeal, the title of the item to be heard
will be announced, and the Mayor shall announce the opening of the
public hearing for the item. After opening the public hearing:
5.17.2.1.1. The Mayor or any Councilmember may request a report from
City staff to summarize the item to be considered, or to address
specific items of concern.
5.17.2.1.2. The Mayor shall ask each member of Council to disclose the
nature and substance of any information received prior to the
hearing (that is not included in the information presented during the
hearing) that could be relevant to the decision making process for
the item (such as site visits or communications with constituents)
5.17.2.1.3. The applicant or appellant shall have the first opportunity to
present testimony. The applicant or appellant shall be provided ten
minutes for the opening statement.
5.17.2.1.4. Members of the public shall then be provided up to three
minutes each to present testimony or comments during the public
testimony portion of the public hearing (subject to modification
pursuant to Section 6.1.4). When the Council determines that all
members of the public have had an opportunity to present
testimony or comments (pursuant to Subsections 6.1 and 6.3), the
public testimony period may be closed by vote of the City Council.
After the public testimony period is closed, it may be reopened only
by a vote of the City Council. Following the close of the public
testimony period, the City Council may request additional
Page 9 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 8 of 24
information during the public hearing pursuant to Subsections
5.17.2.1.6 without necessitating a “reopening” of the public
testimony period.
5.17.2.1.5. The applicant or appellant shall be provided five minutes for
a closing statement at the end of the public testimony portion of the
public hearing.
5.17.2.1.6. During the public hearing, the City (by the Mayor, or a vote
of the City Council) may request additional information from City
staff, the applicant or appellant, or members of the public. In
requesting additional information, the Mayor shall have the
authority, pursuant to Resolution Section 6.1, to direct the speaker
to limit comments to a particular topic (avoiding duplication of
comments already made), and to limit comments to a particular
amount of time. The Mayor shall also have the authority, pursuant
to Resolution Section 6.1, to allow limited rebuttal testimony,
including direction to the rebuttal speaker to limit comments to a
particular topic (avoiding duplication of comments already made),
and to limit comments to a particular amount of time.
5.17.2.1.7. When the Council determines it has received sufficient
relevant information to render a decision on the item, the public
hearing may be closed by vote of the City Council. After the public
hearing is closed, it may be reopened only by a vote of the City
Council.
5.17.2.1.8. After closing the public hearing, members of Council may
deliberate among themselves regarding the information presented
during the hearing. Additional testimony may be taken after the
public hearing is closed only by vote of the City Council to reopen
the public hearing. Members of Council shall refrain from
deliberating on an item until after the public hearing is closed.
5.17.2.1.9. After closing the public hearing, the City Council may take
action on the item.
5.17.3. Ordinances. The first reading of all ordinances shall be scheduled for
action as a public hearing or consent hearing item. The written publication of
the ordinance as a part of the Council Reports shall be considered the
“reading” of the ordinance, and oral reading of the ordinance shall be
deemed waived unless requested by a vote of the City Council.
5.18. Brief Comments by Council or City Manager (Evening Session). See
description under Brief Comments by Council or City Manager (Evening
Session), above.
5.19. Adjournment. After the Mayor determines that all items on the agenda have
been addressed by the Council, which determination may be overridden by a
Page 10 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 9 of 24
vote of the City Council, the Mayor shall announce the meeting is adjourned.
This determination that a meeting is adjourned is distinguished from a “motion to
adjourn to another time and place” (as set forth in Subsection 7.5.4.1).
6. Conduct of the Meetings.
6.1. Mayor’s Authority as Chair of City Council meetings. The Mayor shall preside at
all meetings of the City Council, and shall exercise the authority set forth in the
City Charter, the Napa Municipal Code, and this Resolution. (City Charter
Section 60.) In the Mayor’s absence at a City Council meeting, the Vice-Mayor
shall have all power and authority of the Mayor. (City Charter Section 59A.) In
the absence of the Mayor and the Vice-Mayor at a City Council meeting, a
majority of the remaining members of Council shall appoint a chair to exercise
the power and authority of the Mayor for that meeting (or portion of a meeting).
6.1.1. The Mayor shall facilitate and guide the meeting in order to achieve the
goals of this Resolution.
6.1.2. The Mayor shall establish seating assignments for members of City
Council.
6.1.3. The Mayor shall be entitled to make and second motions, and vote on all
items presented to Council for action.
6.1.4. The Mayor may modify (increase or decrease) any time requirement for
any speaker (whether a member of the public, or an applicant or appellant at
a public hearing), or limit the total amount of time available for any item on
the agenda, or limit the total number of speakers for any item on the
agenda, or request a spokesperson be identified to represent a group of
people to minimize duplication of presentations, to the extent it is
determined that one or more of these modifications will facilitate the efficient
and fair conduct of the meeting. (California Government Code Section
54954.3(b).) Although a modification of the time requirements for speakers
may result in one or more speakers having more or less time than others to
present comments to the City Council (based on a weighing of factors such
as those set forth in Sections 5.3, 5.17.2.1.6, and 6.1.5 of this Resolution),
any modifications of the time requirements for speakers shall be based on
factors that may be equitably applied to all speakers. The Mayor may use
speaker cards to facilitate the goals set forth in subsections 6.1 and 6.3.
6.1.5. If the Mayor determines that any person is out of order based on a lack of
compliance with the requirements of this Resolution, the Mayor may direct
appropriate action to restore order to the meeting.
6.1.5.1. Actions that may be considered out of order by the Mayor may
include any activity that is inconsistent with the requirements of this
Page 11 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 10 of 24
Resolution, presentations that are unnecessarily repetitive,
presentations that are outside the subject matter jurisdiction of the City
Council, presentations that are outside the scope of the agenda item
under consideration, presentations made without being recognized by
the Mayor (for example, speaking from the audience instead of from the
lectern, interrupting other speakers recognized by the Mayor, or
continuing to speak after being identified by the Mayor as being out of
order), and acting in a manner that is threatening, violent, disruptive, or
otherwise impedes the orderly conduct of the Council meeting.
6.1.5.2. Nothing in this Resolution shall prohibit public criticism of the City’s
policies, procedures, programs, or services, or of the acts or omissions
of the City Council. (California Government Code Section 54954.3(c).)
6.1.5.3. Actions that may be taken to restore order to the meeting may
include: call the person to order and require the person to comply with
any rule set forth in this Resolution, require the person to terminate his
or her remarks, ordering a recess of a specified duration (e.g., 15
minutes), ordering the removal of any person who is found to be willfully
disrupting the meeting.
6.2. Rules of Decorum for Members of City Council.
6.2.1. Each member of Council shall maintain order and decorum in accordance
with this Resolution, and shall respect the Mayor’s authority to conduct each
meeting of City Council in accordance with this Resolution.
6.2.2. No member of Council shall disturb, disrupt, or interrupt any other member
of Council, any member of City staff, or any member of the public who is
speaking in accordance with this Resolution.
6.2.3. Once a Councilmember is recognized to speak, no other person shall
interrupt the Councilmember, unless the Councilmember is called to order
by the Mayor.
6.2.4. Each member of Council shall confine his or her remarks to the agenda
item under consideration, and shall speak only when recognized by the
Mayor (unless otherwise provided by this Resolution). An attempt by any
member of Council to make comments or motions that are not related to the
item under consideration, or to make repetitive motions on items that have
already been considered by Council, shall be considered out of order.
6.2.5. Each member of Council shall have a right to be heard on each item on
the agenda. No Councilmember shall speak more than once on any item on
the agenda until every other Councilmember has had an opportunity to
speak.
Page 12 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 11 of 24
6.3. Rules of Decorum for Members of the Public.
6.3.1. During meetings of the City Council, members of the public will have
opportunities to address the Council, as identified in the written agenda for
that meeting (See Sections 3.4, 4.1.3, and 5 of this Resolution). Members of
the public desiring to address the Council shall come forward to the lectern
microphone, and shall be requested (but not required) to provide their name,
city of residence, and organization represented (if any).
6.3.2. Unless otherwise specified in this Resolution (e.g., public hearings under
Section 5.17 of this Resolution), or approved by the Mayor, each person
shall be limited to one presentation per agenda item (no more than three
minutes per presentation).
6.3.2.1. In order to monitor compliance with this requirement, the City Clerk
will indicate (with auditory or visual means) when one minute remains,
and when the speaker’s time has ended.
6.3.2.2. If a member of the public needs additional time for a particular
agenda item, a request should be submitted for approval by the Mayor
prior to beginning the presentation.
6.3.3. Comments made by the public during Council meetings should be directed
to the City Council. It is out of order for a member of the public to attempt to
directly address members of the audience or members of City staff.
6.3.4. If a member of the public desires to present written communications to the
City Council during the Council meeting, the communication shall be
submitted to the City Clerk. The City Clerk will identify the communication as
a part of the minutes of the meeting. Members of the public are requested to
provide 15 copies of each written communication so that sufficient copies
are available for review during the meeting by City Council, City staff, and
members of the public.
6.3.5. Unless otherwise authorized by the Mayor, members of the public shall
present their comments to the Council without seeking a dialogue with the
City Council. At the close of all comments to the Council for a particular
agenda item, the Mayor may direct a response by City representatives to
comments made by members of the public.
Page 13 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 12 of 24
6.4. Written Reports and Communications to City Council.
6.4.1. For each City Council meeting, in addition to the meeting agenda
(described in Sections 3 and 4.1 of this Resolution), City staff prepares a
written set of agenda reports (hereinafter “Agenda Reports”). The Agenda
Reports are provided directly to each member of Council, and are available
for public review upon request to the City Clerk, at least 72 hours prior to a
regular meeting of the City Council and 24 hours prior to a special meeting
of the City Council.
6.4.1.1. The City Manager and the City Clerk endeavor to provide
documents to each member of Council (and make the documents
available for public review) as early as possible prior to the Council
meeting, particularly for controversial or complicated agenda items (for
which there may be voluminous documents included in the agenda
report). It is the goal of the City Manager and the City Clerk to have
Agenda Reports available for public review on the Friday prior to the
following Tuesday Council meeting.
6.4.1.2. The City Manager and the City Clerk endeavor to make documents
available for public review in a range of locations (such as the public
library, and the internet) that will facilitate public access to public
information.
6.4.2. At least one public review set of the Agenda Reports will be available
during the Council meeting in the Council Chambers. The City Clerk will
endeavor to provide sufficient public review copies of the Council agenda
and the Agenda Reports to meet the public demand for each meeting.
6.4.3. If a member of the public requests a written communication be presented
to the City Council as a part of a City Council meeting, it may be identified in
the minutes as a part of the administrative record of the meeting, subject to
the following:
6.4.3.1. If the written communication directly relates to an item on the
agenda, and it is received by the City Clerk no later than 8 calendar
days prior to the meeting, a copy of the communication will be included
in the Agenda Reports for that meeting, and the communication will be
identified in the minutes of the meeting.
6.4.3.2. If the written communication directly relates to an item on the
agenda, and it is received by the City Clerk prior to or during the
Council meeting (but later than 8 calendar days prior to the meeting),
the City Clerk will provide a copy of the communication to each member
of City Council, and the communication will be identified in the minutes
of the meeting.
Page 14 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 13 of 24
6.4.3.3. If the written communication is within the subject matter jurisdiction
of the City Council but it does not directly relate to an item on the
agenda, the City Clerk will provide a copy of the communication to each
member of the City Council, and it will be identified in the minutes of the
meeting.
6.4.3.4. Notwithstanding the above, if the City Manager determines (in
consultation with the City Attorney) that a written communication is
either: (a) outside the subject matter jurisdiction of the City Council, or
(b) disruptive to the orderly conduct of the Council meeting (pursuant to
the criteria set forth in Sections 6.1.5 of this Resolution), then: (y) the
City Clerk will provide a copy of the communication to each member of
City Council, but (z) the written communication will be excluded from
the meeting and excluded from the minutes of the meeting.
6.4.3.5. Any public record that relates to an agenda item for a City Council
meeting, and is distributed to a majority of the members of City Council
within 72 hours prior to the meeting, shall be made available for public
inspection pursuant to California Government Code Section 54957.5,
and shall be identified as part of the minutes of the meeting.
6.5. Meeting Breaks.
6.5.1. In addition to the recess between the Afternoon Session and the Evening
Session for each regular meeting of the City Council, the Mayor shall have
the authority to establish reasonable comfort breaks during the meeting.
Generally, a recess of approximately 10 to 15 minutes will be taken if the
Evening Session extends past 8:00 p.m.
6.5.2. No new item will be commenced after 10:00 p.m., unless authorized by a
vote of the City Council.
6.5.3. Meetings will be adjourned at 12:00 a.m., unless extended (in 30 minute
increments) by a vote of the City Council.
6.6. Parliamentarian. The City Attorney shall, as the parliamentarian for all meetings
of the City Council, respond to questions from the Mayor or any member of City
Council regarding procedure and compliance with this Resolution. The Mayor
shall maintain the authority to make final decisions regarding the conduct of the
meeting in compliance with this Resolution. The Mayor’s decision may be
overridden by a vote of the City Council.
Page 15 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 14 of 24
7. Council Attendance and Voting.
7.1. Attendance. Each member of Council is required to attend each meeting of the
City Council, unless the member’s absence is excused by the Mayor or a vote of
the City Council. If a member of Council anticipates being absent from or late to
any meeting of the City Council, the member of Council shall provide prior notice
to the City Clerk, the City Manager, or the Mayor. If a member’s absence is not
excused, the City Council may order any or all of the following: compel
attendance, find the member of Council in contempt of Council, impose a fine, or
determine that the member of Council has vacated his or her office. (City
Charter Section 11; and Napa Municipal Code Section 2.04.080.)
7.2. Quorum. Any three or more members of Council in attendance at a meeting
shall constitute a quorum of the City Council. If less than a quorum of the City
Council is in attendance at a Council meeting, no actions may be taken on
behalf of the City Council, and the meeting may be adjourned pursuant to
California Government Code Section 54955.
7.3. Responsibility to Vote. Each member of Council in attendance at a Council
meeting has a responsibility to vote on each item presented to Council for
action, unless the member of Council recuses himself or herself or abstains from
voting (Napa Municipal Code Section 2.04.090) in accordance with the following:
7.3.1. Recusal. If a member of Council has a reasonable good faith belief that
the member of Council is disqualified from voting on an item based on any
law related to financial conflicts or bias (for example, California Government
Code Sections 1090, 1126, or 87105; see summary of issues to consider
related to potential conflicts of interest set forth on Exhibit “C,” attached
hereto and incorporated herein by reference), the member of Council shall
follow the following procedure:
7.3.1.1. Prior to the Council meeting, the member of Council may confer
with the Fair Political Practices Commission if there is any doubt as to
whether recusal is required, and the member of Council shall notify the
City Attorney of the potential recusal as early as possible.
7.3.1.2. During the Council meeting, and immediately prior to the item being
considered, the member of Council shall announce the intention to
recuse himself or herself from voting on the item, and disclose the basis
for recusal in sufficient detail to be understood by the public.
7.3.1.3. Prior to the item being considered, the member of Council shall
leave the Council Chambers until after discussion and action on the
item is completed. The member of Council shall not vote on the item.
Provided, however, if the item is on the consent calendar, the member
of Council need not leave the Council Chambers as long as the
Councilmember does not vote on the item.
Page 16 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 15 of 24
7.3.1.4. The member of Council shall not use his or her official position to
influence the City’s action on the item.
7.3.1.5. The member of Council shall not be counted as a member of the
quorum of the City Council for that item. In other words, for the purpose
of counting votes for an item, a recusal by a member of Council shall be
equivalent to an excused absence.
7.3.2. Abstention. If a member of Council has any legitimate basis for not voting
on a particular item (other than that set forth in Section 7.3.1 of this
Resolution), the member of Council may abstain from voting by complying
with the following procedures:
7.3.2.1. Prior to the Council meeting, the member of Council shall notify the
City Attorney of the potential abstention as early as possible.
7.3.2.2. During the Council meeting, and prior to the vote on the item being
considered, the member of Council shall announce the intention to
abstain from voting on the item, and disclose the basis for abstention in
sufficient detail to be understood by the public. Examples of legitimate
bases for abstention include:
7.3.2.2.1. The member of Council does not have sufficient information
regarding the item under consideration (for example, the item was
previously considered by the Council in the member’s absence,
and the member of Council did not have an opportunity to review
the record of Council’s previous consideration).
7.3.2.2.2. The member of Council is concerned about the perception of
personal or financial conflict even if there is no reasonable good
faith belief of a required disqualification (e.g., an effect on the
financial interest of a relative [other than a spouse or dependent of
the member of Council]).
7.3.2.3. Any member of Council who abstains from voting on an item shall
be counted as a member of the quorum of the City Council, and the
member shall be counted as acquiescing to the vote of the majority of
those members voting on the item; provided, however, that member
shall not be entitled to make a motion or make a second on the item,
and that member shall not be entitled to make a motion for
reconsideration. [As an example of counting votes of abstentions or
recusals: (a) 2 yes, 2 no, and 1 abstain would fail; (b) 2 yes, 1 no, and 2
abstain would pass; (c) 2 yes, 2 no, and 1 recuse would fail; and (d) 2
yes, 1 no, and 2 recuse would pass.].
7.3.3. Rule of Necessity. A member of Council who is recused from acting on an
item pursuant to Section 7.3.1 of this Resolution, may be authorized to vote
on that item if the member’s participation is found to be “legally required” (as
Page 17 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 16 of 24
defined by California Government Code Section 87101). The fact that a
member’s vote is needed to break a tie does not make participation “legally
required”.
7.4. Processing Motions for Council Action.
7.4.1. At the invitation of the Mayor, the Mayor or any member of Council may
make a motion for Council to take action on an item. The motion shall be
clearly presented as: “I move that …” and clearly state the substance of the
motion. The motion may be stated by reference to the Item number on the
Council agenda, which shall be interpreted to mean a motion to approve the
staff recommendation included in the Council Reports for the item. For
example:
7.4.1.1. “I move approval of the consent calendar.”
7.4.1.2. “I move approval of staff’s recommendation for Item [state the
number of the item].”
7.4.1.3. “I move approval of staff’s recommendation for Item [state the
number of the item], with the following amendments …” and clearly
state the substance of the amendments.
7.4.2. Before calling for the vote on an item, the Mayor or any Councilmember
other than the maker of the motion shall clearly second the motion. Before
the Mayor calls for the vote on an item, the City Manager, City Attorney, City
Clerk, or a member of staff directly involved in presenting the item to
Council, may request a clarification of the motion.
7.4.3. Before calling for the vote on an item, the Mayor shall identify the makers
of the motion and the second, and the Mayor shall have the motion clearly
repeated by, either: the Mayor, the maker of the motion, the City Clerk, or a
member of City staff.
7.4.4. After the motion is moved, seconded, and repeated, the Mayor may invite
further discussion on the item, or the Mayor may call for the vote on the
motion (per Section 7.6 of this Resolution). If there is substantial discussion
between the time the motion is repeated and the time the vote is called, the
Mayor may request the motion to be repeated again per Section 7.4.3 of this
Resolution.
7.5. Processing Modified or Multiple Motions for Council Action.
7.5.1. Prior to a Council vote on a motion, the maker of the motion may withdraw
the motion without consent of any other member of Council.
Page 18 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 17 of 24
7.5.2. Prior to a Council vote on a basic motion (under Section 7.4 of this
Resolution), any member of Council may make a motion to amend (or a
substitute motion). A motion to amend may include a motion to divide the
basic motion into two or more separate motions. The motion to amend (or
substitute motion) shall be clearly moved, seconded, and repeated, pursuant
to Section 7.4 of this Resolution.
7.5.2.1. If a motion to amend (or substitute motion) is made and seconded,
the Council shall vote on the amended motion (or substitute motion)
before voting on the basic motion. If the amended motion (or substitute
motion) is approved by Council, then the basic motion shall be rendered
moot. If the amended motion (or substitute motion) is not approved by
Council, then the Mayor may call for a vote on the basic motion.
7.5.3. In addition to the basic motion (under Section 7.4 of this Resolution), only
one substantive motion to amend (or one substitute motion) shall be in order
at any one time. Before a second motion to amend (or substitute motion) will
be in order, the first motion to amend (or substitute motion) must be voted
on by Council or withdrawn by the maker of the motion.
7.5.4. Procedural Motions. Notwithstanding the limitation of Section 7.5.3, in
addition to the basic motion and any substantive motion to amend (or
substitute motion), the following procedural motions shall be in order by any
member of Council at any time; and, upon motion and second, the Mayor
shall immediately call for a vote on the procedural motion without debate
(unless otherwise specified below):
7.5.4.1. Motion to Adjourn to Another Time and Place. A motion to adjourn
to another time and place shall identify the date, time, and place to
which the meeting shall be adjourned (pursuant to California
Government Code Section 54955); and, before calling for the vote on
the motion, the motion shall be debatable only as to the date, time, and
place of the meeting.
7.5.4.2. Motion to Recess. A motion to recess shall identify the length of the
recess; and, before calling for the vote on the motion, the motion shall
be debatable only as to the length of the recess.
7.5.4.3. Motion to Continue or Table. A motion to continue or table
consideration of an item to a later date shall identify the date, time, and
place to which the item will be reopened for consideration by the
Council; and, before calling for the vote on the motion, the motion shall
be debatable only as to the date, time, and place at which the time will
be brought back to Council. The Council may direct the City Manager to
bring the item back to Council on a date uncertain, subject to providing
appropriate meeting notices per Sections 3 and 4 of this Resolution.
Page 19 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 18 of 24
7.5.4.4. Motion to Limit Debate. A motion to limit debate on a substantive
motion previously moved and seconded may either require the Mayor to
immediately call for the vote on the substantive motion, or it may
require the Mayor to limit debate on the substantive motion for a
specified period of time. This motion is sometimes also referred to as a
“call for the question.”
7.5.4.5. Point of Order. If any Councilmember believes that a rule of
conduct for the meeting (including any rule set forth in this Resolution)
is not being followed, the Councilmember may identify the issue by
raising a point of order. If the Mayor agrees with the point, then the
conduct of the meeting shall be modified to comply with the appropriate
rule. If the Mayor disagrees with the point, the Mayor may be
overridden by a vote of the Council on a motion to comply with the
particular point of order.
7.6. Counting Votes for Council Action.
7.6.1. In calling for a vote by Council on a motion made and seconded in
accordance with Sections 7.4 or 7.5 of this Resolution, the Mayor may call
for a voice vote to identify each member of Council in favor of the motion
and each member of Council against the motion. If the vote of each member
of Council may not be clearly determined by voice vote, the Mayor may
request a roll call vote (by voice or by voting machine).
7.6.2. At the conclusion of the vote, the Mayor shall announce the results of the
vote. If the vote is not unanimous, the Mayor shall identify each member
voting in favor and against the motion. For example:
7.6.2.1. “The Motion for Item [state the number of the item] is approved by
unanimous vote.”
7.6.2.2. “The Motion for Item [state the number of the item] is approved by a
vote of 4 to 1; Councilmember X voting against the motion.”
7.6.2.3. “The Motion for Item [state the number of the item] is rejected by a
vote of 4 to 1; Councilmember X voting in favor.”
7.6.3. Unless otherwise required by law (including any State law, or City
ordinance or resolution), in order for any action to be taken by City Council,
it must be approved by a majority vote of the quorum of the City Council in
attendance at a Council meeting. Therefore, if only three members of
Council are in attendance at a Council meeting, only two members of
Council are required to vote in favor of an action in order for it to be
approved.
7.6.4. Examples of laws that require a “super-majority” vote of City Council
include:
Page 20 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 19 of 24
7.6.4.1. A “majority of the members” of City Council are required to approve
an “emergency situation” in order to hold an emergency meeting of City
Council (as referenced in Section 4.6 of this Resolution). In other
words, three of the five members of Council must vote to approve the
“emergency situation,” even if only three members are in attendance at
the meeting at which the vote is taken.
7.6.4.2. The City Council may take action on an item not included on the
Council agenda if there is a two-thirds vote of the members of City
Council determining that there is a need to take immediate action and
that the need to for action came to the attention of the City subsequent
to the Council agenda being posted. Thus, four members of Council
must vote to approve the action. (California Government Code Section
54954.2(b).)
7.6.5. Confirming findings or resolution. If a Council action on an item requires
the City Council to take an action or make findings that are not included in
the written Agenda Report, the City Council may direct the City Manager
and the City Attorney to: (a) prepar e a resolution confirming the findings to
support an action that City Council intends to take, and (b) bring the
resolution back to City Council for consideration and approval at a
subsequent Council meeting. When the resolution of findings is brought
back to City Council for action, the resolution may be placed on the consent
calendar for final action.
7.7. Motion to Reconsider.
7.7.1. After a vote on an item is taken by the City Council in accordance with this
Resolution, that item shall be considered final by the City Council, and it
may be reconsidered only in accordance with this Section 7.7.
7.7.2. Except to the extent reconsideration of an item is governed by particular
legal requirements, and except for reconsideration of quasi-judicial decisions
of the City Council (which are described in Section 7.7.3 of this Resolution),
an action taken by City Council may be reconsidered only if a member of
Council who voted in the majority (or super-majority, if required for approval
of the item) makes a request within thirty-five (35) calendar days after the
Council action), by either: (a) filing a written request for reconsideration with
the City Clerk, or (b) making an oral request for reconsideration during a
meeting of the City Council.
7.7.3. For reconsideration of quasi-judicial decisions of the City Council, an
action taken by City Council may be reconsidered only if a member of
Council who voted in the majority (or super-majority, if required for approval
of the item) makes a request within ten (10) calendar days after the Council
action), by either: (a) filing a written request for reconsideration with the City
Page 21 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 20 of 24
Clerk, or (b) making an oral request for reconsideration during a meeting of
the City Council.
7.7.4. If a request is made (pursuant to Section 7.7.2 or 7.7.3, above) at the
same Council meeting and prior to action on the next item on the Council
agenda, the Council may vote on the request for reconsideration at that
time. If the motion for reconsideration is seconded, and approved by a vote
of Council, the Mayor may invite a new substantive motion regarding the
item at that time (e.g., repeal the previous action, and take a different or new
substantive action).
7.7.5. If the request is made beyond the time limits of Section 7.7.4 (above), but
the request is made during a public Council meeting within the time limits of
Sections 7.7.2 or 7.7.3 (above; whichever provisions are relevant to the item
under reconsideration), the City Council may vote on the procedural request
for reconsideration at that time. If the procedural motion for reconsideration
is seconded, and approved by a vote of Council, the Council shall identify
the Council meeting at which the substance of the item shall be scheduled
for reconsideration. The meeting for reconsidering the substance of the item
shall be publicly noticed in the same manner as the notice for the initial
action.
7.7.6. If the request is made beyond the time limits of Section 7.7.4 (above), but
the request is submitted in writing to the City Clerk within the time limits of
Sections 7.7.2 or 7.7.3 (above; whichever provisions are relevant to the item
under reconsideration), the City Clerk shall schedule the procedural request
for reconsideration at the next available meeting of the City Council. If the
procedural motion for reconsideration is seconded, and approved by a vote
of Council, the Council shall identify the Council meeting at which the
substance of the item shall be scheduled for reconsideration. The meeting
for reconsidering the substance of the item shall be publicly noticed in the
same manner as the notice for the initial action.
7.7.7. Notwithstanding the limitations set forth above for reconsideration of a
vote taken by Council, the Council may, at any time, consider the rescission
or repeal of any final action which is not quasi-judicial by complying with all
necessary legal requirements, including those set forth in this Resolution for
the establishment of items for consideration by Council.
7.8. Challenging City Council Decisions. The time limit within which to commence
any lawsuit or legal challenge to any quasi-judicial decision made by the City is
governed by California Code of Civil Procedure Section 1094.6, unless a shorter
limitation is specified by any other provision of law. Under Section 1094.6, any
lawsuit or legal challenge to any quasi-judicial decision made by the City must
be filed no later than the 90th day following the date on which the decision
becomes final. Any lawsuit or legal challenge which is not filed within the 90-day
Page 22 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 21 of 24
period will be barred. If a person wishes to challenge the nature of a City action
in court, that person may be limited to raising only those issues that they or
someone else raised at the meeting at which the action was taken, or in written
correspondence delivered to the City at or prior to the meeting. In addition,
judicial challenge may be limited or barred where the interested party has not
sought and exhausted all available administrative remedies.
8. Meeting Minutes and Recordings.
8.1. The City Clerk shall keep an accurate written record of the proceedings of the
City Council in the form of meeting minutes. The City Council hereby finds that
compliance with the requirements of this Policy complies with the requirements
of California Government Code Sections 36814 and 40801; City Charter
Sections 61 and 65; and Napa Municipal Code Section 2.04.100. The meeting
minutes shall be in the form of “action minutes.” After the minutes are recorded
by the City Clerk, the minutes shall be brought back to City Council on the
consent calendar for review, revisions to correct inaccuracies, and approval of
the Council. The minutes shall include the elements identified in this Resolution,
including the following:
8.1.1. Date, time, and place of the meeting as scheduled, and as actually
occurred (including the starting and ending times for the meeting and any
recesses taken during the meeting).
8.1.2. The type of meeting (as described in Sections 3 and 4 of this Resolution).
8.1.3. An identification of each item under consideration by City Council for the
meeting.
8.1.4. The method by which notice was provided for the meeting, and for each
item on the agenda.
8.1.5. The names of each member of Council in attendance and each absent
member of Council. If a member of Council arrives late or leaves early, the
time of arrival or leaving shall be identified.
8.1.6. A recordation of each vote taken during the meeting, including a clear
identification of the maker of the motion and second, votes in favor, votes
opposed, absences, recusals, and abstentions. The recordation of each vote
shall include an identification of whether the motion was approved or failed,
including an identification of any “super-majority” voting requirement (See
Section 7.6 of this Resolution).
8.1.7. An identification by specific title and/or City numbering system, each
ordinance, resolution, contract, or other document approved by the City
Council.
8.1.8. Testimony presented during Council consideration of a hearing, appeal, or
other action item shall identify the name of the speaker and a concise
summary of the position presented.
Page 23 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 22 of 24
8.1.9. Any documents or physical evidence presented to Council as a part of the
record of proceedings in support of Council’s action on an item.
8.1.10. For the Public Comment portion of the meeting, the minutes will identify
the name of the speaker and a concise summary of the topic presented.
8.1.11. Identify the date, time, and place to which any item is continued, or to
which the meeting is adjourned.
8.2. The City may choose to record Council meetings using video or audio recording
devices. However, any such recording shall be in addition to the meeting
minutes described above.
8.3. Members of the public may record Council meetings, using video or audio
recording devices, provided that the recording is not disruptive to the conduct of
the meeting. (California Government Code Section 54953.5.)
8.4. Each City ordinance shall be published as follows: (1) no later than five days
prior to the date on which the City Council will consider introduction of the
ordinance, the City Clerk shall publish the title of the proposed ordinance in a
newspaper of general circulation; and (2) no later than 15 days after Council has
adopted an ordinance, the City Clerk will prepare the title and synopsis of the roll
call vote of Council adopting the ordinance, and publish the title and synopsis in
a newspaper of general circulation.
9. Communications Between City Council and City Staff; and Between City
Council and Commissions and Outside Agencies.
9.1. The City Council shall provide direction to the City Manager to implement
policies approved by the Council. The City Manager shall exercise executive and
administrative authority over subordinate City employees to implement direction
from the City Council. Individual members of Council will not interfere with the
City Manager’s executive or administrative authority. Any concerns by an
individual member of Council regarding the behavior or work of any City
employee shall be privately communicated to the City Manager or the City
Attorney to ensure that the concern is resolved. (See City Charter Sections 85
and 86, and Napa Municipal Code Chapter 2.08.)
9.2. Members of Council and City staff shall mutually respect their respective roles
and responsibilities. City staff shall acknowledge and respect the City Council’s
authority to establish policy on behalf of the City. Members of Council shall
acknowledge and respect the City staff’s role in administering policy direction
provided by City Council.
9.3. Within 3 days after each regular Council meeting, the City Manager and the City
Clerk shall provide to the City Council a tentative agenda of items anticipated to
be presented at future City Council meetings over the next three months.
Page 24 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 23 of 24
9.3.1. Any member of Council may suggest changes to the tentative agenda,
subject to approval by a vote of the City Council, during the portion of each
Council meeting for “Brief Comments by Council or City Manager”.
9.3.2. Any member of Council may submit a written request for an action to be
taken by Council during the portion of the meeting for “Brief Comments by
Council or City Manager”; provided that the written request shall be limited
to a concise written description of the requested action (along with backup
materials provided by the member of Council, if any), and may not request
any analysis by City staff without direction by a vote of the City Council.
9.4. Each member of City Council shall provide the City Clerk and the City Manager
with up to date contact information for the purpose of communications from City
staff to members of City Council, pursuant to the requirements of this Policy.
Notices delivered by City staff to members of City Council, based on the contact
information provided by each member of City Council, shall serve as sufficient
notice of special meetings or emergency meetings of City Council (as described
in Sections 4.1 and 4.6 of this Policy).
9.5. In an effort to encourage independent advice to the City Council from City
Commissions (whose members are appointed by City Council), members of
Council shall refrain from using their position to unduly influence the
deliberations or actions of City Commission proceedings. Under limited
circumstances, a member of Council may appear before a City Commission in
the same manner as any other member of the general public solely to represent
the member’s personal interests; however, under such circumstances, the
member of Council shall clearly indicate that the member’s comments are based
on the member’s personal interests, and the comments do not reflect the
position of the City Council. In the absence of authority granted by a vote of the
City Council to represent a position of the City Council, each member of Council
shall take care when communicating with the public to distinguish personal
opinions and comments from positions of the City Council.
10. Administrative Regulations.
10.1. The City Manager is authorized and directed to establish and maintain written
administrative regulations to implement the policies set forth in this resolution, in
accordance with the requirements of the City Charter, the Napa Municipal Code,
and this resolution. The City Manager may delegate the duties and authority set
forth in this resolution to the City Clerk or other qualified City employees, to be
documented as a part of the administrative regulations.
10.2. The City Manager may include in the administrative regulations clarifications of
protocols for communications between City staff and individual members of
Council, in order to ensure that each member of Council has equal access to
information from City staff. These protocols may also include the manner by
Page 25 of 37
EXHIBIT “A”
Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A”
Page 24 of 24
which written communications addressed to members of Council will be handled
by City staff.
10.3. A copy of the administrative regulations shall be maintained in the office of the
City Clerk. The administrative regulations shall be recommended for approval by
the City Clerk, and subject to approval as to form by the City Attorney. The
administrative regulations shall, at a minimum, address the standard procedures
and guidelines related to the timing, procedures, and forms for the City staff’s
preparation of public notices of City Council meetings, agendas for City Council
meetings, agenda summary reports to City Council, and the attachment of any
documents necessary to support staff’s recommendation for action by Council.
Page 26 of 37
City Council – Brown Act Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “B”
Page 1 of 3
POLICY RESOLUTION NO. 19 – EXHIBIT “B”
OVERVIEW OF OPEN MEETING LAWS UNDER THE “BROWN ACT”
(Updated November 13, 2020)
The “Ralph M. Brown Act” (frequently referred to as the “Brown Act”) is the State
law that requires the deliberations and actions of every “legislative body”
(including the City Council) be conducted openly, with prior public notice, and an
opportunity for the public to provide input on decision making activities.1
The Brown Act requires that each Council “meeting” (defined in Section 1, below)
either: (a) fall within one of the narrow exceptions that have been established by
the Legislature (defined in Section 2, below); or (b) follow particular procedural
requirements so that the meeting is considered “open and public” (defined in
Section 3, below).
Any “meeting” of a majority of the members of Council that violates the Brown
Act may result in criminal or civil penalties, attorney’s fees, and potential
invalidation of the Council’s actions. Therefore, please contact the City Attorney if
there is any question regarding the requirements of the Brown Act.
1. Definition of “meeting.”
a. As a general rule, there is a “meeting” of the City Council whenever a
majority of the Council (i.e., three members of a five-member Council)
congregate at the same time and location to hear, discuss, deliberate,
or take action upon any item that is within the subject matter
jurisdiction of the Council.
b. Prohibited “serial meeting.” There is a serial “meeting” of the Council,
even if it occurs over time in different locations, if a majority of
members use a personal or technological intermediary (e.g., phone,
text, e-mail, letter, or personal messenger) to discuss, deliberate, or
take action on any item within the subject matter jurisdiction of the
Council. Thus, since there is a five-member Council, Councilmember
“A” may speak with Councilmember “B” regarding Council business.
However, Councilmember “A” and Councilmember “B” would then be
precluded from discussing the same topics with any other member of
Council, since to do so would mean that three members of Council
would have “serially” discussed the same topic.
i. Social media exception to “serial meeting.”2 Effective January 1,
2021, a member of Council may use a social media platform
1 The full text of the Brown Act (California Government Code Sections 54950 – 549563) is
available on the City Attorney's Webpage on the City’s website. A link to the League of California
Cities publication “Open & Public: A Guide to the Ralph M. Brown Act” is available on the website
of the League of California Cities.
2 California Government Code Section 54952.2(b)(3).
Page 27 of 37
City Council – Brown Act Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “B”
Page 2 of 3
that is open and accessible to the public to answer questions
from the public, provide information to the public, or solicit
information from the public regarding a topic within the subject
matter jurisdiction of the Council; provided that the members of
Council do not directly communicate with one another regarding
City business (i.e., members of Council may not directly
respond in any way [including an emoji] to a message from
another member of Council).
2. “Meeting” exceptions. Congregations of a three members of Council are not
subject to other requirements of the Brown Act, if: (i) the members of Council
do not discuss among themselves, other than as a part of the scheduled
program, business of a specific nature that is within the subject matter
jurisdiction of the Council, and (ii) the congregation fits within one of the
following limited and narrowly interpreted exceptions:
a. A conference or similar gathering “open to the public” that involves a
discussion of issues of general interest to the public or to public
agencies similar to the City.
b. An “open and publicized” meeting organized by a person or
organization other than the City, to address a topic of local community
concern.
c. An “open and noticed” meeting of another body of the City, or of a
legislative body of another local agency.
d. A purely social or ceremonial occasion.
3. Definition of an “open and public” meeting, for compliance with the Brown
Act.” The “open and public” procedural requirements of the Brown Act are
outlined in more detail in the body of Policy Resolution No. 19 (at the Policy
Section numbers identified below), including the following:
a. Staff will prepare and post the written agenda. (Policy Sections 3 and
4.)
b. Meetings will be conducted at a location that is accessible to the
public. (Policy Sections 3.2 and 4.1.2.)
c. Meetings will be conducted in accordance with the written agenda. For
items not on the agenda, there will be an opportunity for the public to
address the Council (for matters within the subject matter jurisdiction of
the Council), but the Council is limited in its ability to respond to items
not on the agenda. (Policy Sections 5, and 5.4.5.)
Page 28 of 37
City Council – Brown Act Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “B”
Page 3 of 3
d. The Council will provide opportunities for public participation, and allow
the public to record the meeting; but the Council is authorized to limit
disruptive conduct. (Policy Sections 6 and 8.3.)
e. The Council will take its actions in a clear and open manner, and no
actions will be taken by secret ballot. (Policy Sections 6 and 7.)
f. The Council will make records related to the meeting available to the
public. (Policy Section 6.4 .)
Page 29 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 1 of 8
POLICY RESOLUTION NO. 19 – Exhibit “C”
OVERVIEW OF CONFLICTS OF INTEREST LAWS AND REGULATIONS
(Updated November 13, 2020)
The primary purposes of this overview are to: (a) assist each member of the City
Council (“Councilmember”) in identifying potential “conflicts of interest” (a City
action that has a potential impact, positive or negative, on a Councilmember’s
personal interest), and (b) encourage Councilmembers to seek legal assistance
from the City Attorney’s Office if there is any potential conflict of interest
related to a City action, in order to (c) identify the steps that must be taken by
the Councilmember to avoid any conflict of interest.
This overview is organized in four numbered sections, including: (1) Identifying
and Avoiding Potential Conflicts of Interest, (2) Financial Disclosure
Requirements (FPPC Forms 700 and 806), (3) Ethics Training and Education
(AB 1234), and (4) Aspirational Ethical Guidelines, and Additional Resources.
1. Identifying and Avoiding Potential Conflicts of Interest. There are five
potential categories of conflict of interest laws, summarized below, that define
the parameters by which a Councilmember must take actions to avoid a
conflict between a personal interest and a City action, including: (a) the
Political Reform Act, as implemented by the Regulations of the Fair Political
Practices Commission (“FPPC”);1 (b) Interests in City Contracts (Government
Code Section 1090); (c) common law conflicts of interest (such as bias and
due process); (d) common law conflicts of interest based on incompatibility of
office; and (e) City Charter Section 103 (prohibitions on accepting gifts).
a. Political Reform Act. As a general rule, no Councilmember shall
make, participate in making, or in any way attempt to use his or her
City position to influence a City decision if it is reasonably foreseeable
that the City decision will have a material financial effect on a financial
interest of the Councilmember.2 The key elements of this general rule
are summarized, below:
i. Identify the Councilmember’s “financial interest” that could
potentially be affected by the City action, including: (1) an
ownership or rental interest in real property worth at least
$2,000, (2) a source of income of $500 or more within 12
months of the action, (3) a source of a gift of $500 or more
within 12 months of the action,3 (4) a business entity investment
worth at least $2,000, (5) a business entity in which
1 California Government Code §§ 87100, et seq.; and California Code of Regulations, Title 2,
Division 6, (the “FPPC Regulations”), particularly Chapter 7 (§§ 18700, et seq.)
2 FPPC Regulations § 18700.
3 California Government Code § 89503, and FPPC Regulations § 18940.2 (the $500 threshold
will be increased to $520 as of January 1, 2021; and it is updated December 31, 2022, and every
two years thereafter).
Page 30 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 2 of 8
Councilmember is an officer, director, or employee, or (6)
personal finances of the Councilmember.
• Under State law, a Councilmember’s financial interests
are deemed to include the financial interests of the
Councilmember’s spouse or dependent child.4
• Immediate Family Members. While State law defines the
interest of a family member to be based on whether the
family member is a spouse or dependent, any City action
that relies on federal funding is subject to the much
tighter restrictions of federal law. Under federal law, a
Councilmember must avoid a conflict involving
“immediate family ties” which is defined to include
(whether by blood, marriage, or adoption): the
Councilmember’s spouse, parent (including a
stepparent), child (including a stepchild), brother, sister
(including a stepbrother or stepsister), grandparent,
grandchild, and in-laws.
ii. Is it “reasonably foreseeable” that a City decision will have any
financial effect on a “financial interest”? (1) If the financial
interest is “explicitly involved” (e.g., a named party, applicant, or
property) in the City decision, then “reasonable foreseeability” is
presumed. (2) If the financial interest is not “explicitly involved,”
then the financial effect is reasonably foreseeable if it is a
“realistic possibility” but more than “hypothetical or theoretical.”
iii. Will the reasonably foreseeable financial effects be “material”? If
the financial interest is directly involved in the City decision,
“materiality” is presumed. Otherwise, the “materiality” element of
the analysis includes far too many variables to summarize in
this overview. It is recommended that questions regarding
“materiality” be discussed with the City Attorney’s Office.
Emphasizing that this is not an exhaustive list, some examples
of likely “material” financial effects on financial interests include
City decisions that: (1) impact property within 1,000 feet of
Councilmember’s real property interest, or impact the value,
development potential, or ability to use the real property; (2)
cause a measurable financial benefit or loss to the
Councilmember’s personal finances, or to an individual who is a
financial interest (e.g., source of income or gift); or (3) contribute
to a change in the value of a privately held business (or stock
value of a publicly traded business) that is a financial interest. A
financial effect is not material if it is “nominal, inconsequential,
or insignificant.”
4 California Government Code § 82029, and FPPC Regulations § 18700.
Page 31 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 3 of 8
iv. Is there any exception that permits the Councilmember to
participate in a City decision that has a reasonably foreseeable
material financial effect on a financial interest? Again, although
it is not feasible to provide a comprehensive list of exceptions,
some examples of situations in which a Councilmember is
permitted to participate include: (1) The material financial effects
of the City decision on the Councilmember are indistinguishable
from the effects on the public generally. (2) The Councilmember
is “legally required” to participate in the decision, generally due
to a majority of Councilmembers having a material financial
interest; which requires a random selection of Councilmembers
necessary to establish a quorum. (3) The City decision can be
segmented into a portion for which the Councilmember does
have a material interest (which is considered first, without
participation by the Councilmember), and a separate portion for
which the Councilmember does not have a material interest
(which is considered second, with participation by the
Councilmember).
v. Process for disclosure and recusal:5 If it is reasonably
foreseeable that a City decision will have a material financial
effect on a Councilmember’s financial interest, and there is no
applicable exception that permits the Councilmember to
participate in the decision, then:
• The Councilmember is precluded from making,
participating in making, or in any way attempting to use
his or her official position to influence the City decision
(this includes any negotiations, and any contact by the
Councilmember with any other City official or employee,
for the purpose of attempting to influence the City
decision).
• If the Councilmember is on the dais during a Council
meeting, when the item is announced (and before
substantive discussion on the item begins), the
Councilmember is required to: (a) disclose the financial
interest and intent to recuse from any participation in the
discussion, and (b) step down from the dais and leave
the room while the item is being discussed (however, a
Councilmember may remain in the room, and simply
recuse from voting, if the item is on the consent
calendar).
• As exceptions to the above processes: (a) the
Councilmember is permitted to appear before Council if
the Councilmember recuses and steps down from the
dais, and is appearing as a member of the general public
5 FPPC Regulations § 18704.
Page 32 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 4 of 8
for the sole purpose of presenting his or her personal
interests (and not in representation of another); and (b) if
the Councilmember is a design professional (architect,
engineer, or similar), the Councilmember is permitted to
submit design drawings to the City on behalf of a client,
and discuss the design with City staff.
b. Interests in City Contracts (Government Code Section 1090).
Under Government Code Sections 1090 through 1099, a
Councilmember is generally prohibited from being “financially
interested” in a City contract. For the purpose of Section 1090, a
Councilmember may have a “financial interest” in a contract even if the
Councilmember receives no compensation from the contract (e.g., an
uncompensated officer of certain types of non-profit entities).6
However, there are three categories of interests under Section 1090
that, depending on the category: (1) will absolutely preclude the City
from entering into the contract (for any financial interest that is not
defined as a “non-interest” or a “remote interest”); (2) will require a
Councilmember to recuse from participation similar to the requirements
under the Political Reform Act, summarized above (if the interest is
defined as a “remote interest”);7 or (3) may allow a Councilmember to
participate (if the interest is defined as a “non-interest”).8
i. It is very important for a Councilmember to contact the City
Attorney’s Office if there is any possibility that the
Councilmember has any interest in a contract being considered
by the City (even if the interest is as an uncompensated
member or officer of a non-profit entity), since the penalties for a
violation of Section 1090 are severe, including criminal and
monetary penalties against the Councilmember, and the
contract being rendered void and unenforceable.
c. Common Law / Appearance of Bias / Due Process. In addition to
the statutory prohibitions against financial conflicts of interest
discussed above, there is also a legal doctrine based on common law
(articulated by the courts), that requires public officials to use their
official positions for the benefit of the public.
i. Generally, a Councilmember is impliedly bound to exercise the
powers conferred on him or her with disinterested zeal, skill and
diligence for the benefit of the public.9 Therefore, a
Councilmember must abstain from participation in a City
decision if the Councilmember’s personal interests (including
6 See, for example, California Government Code §§ 1091(b) and 1091.5(a)(8).
7 See, for example, California Government Code § 1091.
8 See, for example, California Government Code § 1091.5.
9 Noble v. Palo Alto (1928) 89 Cal.App. 47, 51.
Page 33 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 5 of 8
the interests of a personal friend or family member) conflict with
the duty that the Councilmember owes to the broader public
good; and the Councilmember should abstain if there is a
perception of any similar conflict.10
ii. A related legal principle requires decisions by Councilmembers
be made with "due process," which requires Councilmembers to
be "impartial" on matters that are presented to City Council for a
decision. A Councilmember may maintain impartiality even if the
member voices an opinion regarding a particular matter prior to
the Council taking action - as long as the Councilmember
remains open to hearing competing information and ideas prior
to making a final decision.11 In other words, it is important that a
Councilmember does not indicate that his or her “mind has been
made up” before hearing all sides of an issue during a public
meeting. Similarly, a Councilmember should take care to avoid
becoming personally embroiled in (or advocating for or against)
any particular side of an issue prior to a hearing.
d. Common Law - Incompatibility of Office. Under the doctrine of
"incompatibility of office," a Councilmember is legally precluded from
simultaneously holding two public offices if there is a significant clash
of duties or loyalties between the two offices.12
i. “Public offices” subject to this doctrine include those with a right,
authority, and duty created and conferred by law, with a tenure
that is not transient, occasional, or incidental.13 Examples of the
types of “clashes” that have been found incompatible include:
exercising supervisory, auditory, appointive, or removal power
over the other. Examples of the types of offices that have been
found “incompatible” under this doctrine include the offices of
fire chief of a county fire protection district and a member of the
county board of supervisors, offices of school board member
and City Planning Commission member, and offices of the city
and county planning commission.
ii. Under this common law doctrine, when a public official is found
to have accepted two incompatible public offices, the first office
is automatically vacated. Therefore, it is recommended that a
Councilmember consult with the City Attorney’s Office prior to
accepting a second position with another legislative body.
10 See California Government Code § 1126 regarding incompatible activities.
11 City of Fairfield v. Superior Court (1975) 14 Cal.3d 768, 779.
12 66 Cal.Op.Atty.Gen. 293 (1983).
13 People ex rel. Chapman v. Rapsey (1940) 16 Cal.2d 636, 639-640.
Page 34 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 6 of 8
e. Acceptance of Gifts. As a broad general statement, City officials are
legally prohibited from accepting any gift if: (1) the gift is provided by
any person who is engaged in business with (or who is endeavoring to
secure a contract with) the City; 14 or (2) the gift is provided by a public
utility; or (3) the value of gifts from a single source15 exceeds $500 in a
calendar year.16 City Charter section 103 provides (in relevant part):
“No member of the City Council or other officer or employee
of the City shall knowingly accept any gift, frank, free ticket,
pass, reduced price or reduced rate of service from any
person, firm or corporation operating a public utility or
engaged in business of a public nature with the City or from
any person known to him to have or to be endeavoring to
secure a contract with the City. Any officer or employee
violating any provision of this section shall be guilty of
malfeasance and shall be removed from office.”
i. The City has historically interpreted the term “gift” (as used in
the City Charter) in a manner consistent with the interpretation
of State law (under the Political Reform Act17 and the
implementing regulations of the FPPC).18
ii. Therefore, a gift is not “accepted” and the City Charter is not
violated if the recipient of the gift takes one of the following
actions, as established by the FPPC:19
• The gift is returned, unused, to the donor within 30 days
of receipt.
• The gift is donated, unused, to a charitable organization
(non-profit, tax-exempt 501(c)(3)) within 30 days of
receipt, and the gift is not claimed as a charitable
contribution for tax purposes.
• The gift is donated, unused, to a federal, state, or local
government agency within 30 days of receipt, and the gift
is not claimed as a charitable contribution for tax
purposes.
• The recipient, within 30 days of receipt, reimburses the
donor for the value of the gift.
14 City Charter § 103.
15 FPPC Regulation § 18945.1 defines a “single source” of gifts, which generally includes an
aggregation of gifts from multiple sources if gifts are directed and controlled by a majority of the
same people.
16 California Government Code § 89503; and FPPC Regulation § 18940.2 ((the $500 threshold
will be increased to $520 as of January 1, 2021; and it is updated December 31, 2022, and every
two years thereafter).
17 California Government Code §§ 87100 through 87450.
18 FPPC Regulations §§ 18700 through 18720, and 18940 through 18961.
19 California Government Code § 82028; and FPPC Regulation §§ 18940 through 18961.
Page 35 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 7 of 8
iii. There are additional exceptions to the definition of gift, that
generally relate to payments that are made based on
relationships outside the Councilmember’s status as a public
official. 20 However, many of these definitions turn on very
specific facts, and it is recommended that the City Attorney’s
Office be contacted if a Councilmember has any questions
regarding the propriety and legality of accepting certain
categories of gifts.
2. Financial Disclosure Requirements (Form 700 and 806). Biennially, every
even year, the City Council adopts the City’s “Local Conflict of Interest
Code,”21 which identifies the City employees, officials, and consultants who
are required to prepare and file a Statement of Economic Interests (commonly
referred to as “Form 700”). The Local Conflict of Interest Code also identifies
the substance of what financial interests are required to be reported for each
member, as well as the procedures for filing (including electronic filing).
Councilmembers are required to file a Form 700, and Councilmembers may
be required to file additional financial disclosure forms (such as Form 806,
that applies to Councilmembers who hold compensated positions on other
appointed boards). Helpful information regarding Form 700 filings is also
available on the FPPC website,22 and the City Clerk is available to answer
questions regarding applicable requirements. In general, a Form 700 is
required to be filed: (a) within 30 days of assuming office, (b) annually, prior to
April 1 of each year, and (c) within 30 days after leaving office; and any
violation of the filing requirements, including late filing, is subject to
administrative, criminal, or civil sanctions.23
3. Ethics Training and Education (AB 1234). Each Councilmember is required
to receive biennial (once every two years) training regarding general ethical
principles and ethics laws.24 This is known as “AB 1234” training, based on
the 2005 Assembly Bill that established the requirements. The training is
available from various sources, including online training through the websites
of the FPPC and the California Attorney General25 and the Institute for Local
Government.26 Evidence of completion of the training must be filed with the
City Clerk.
20 The City Attorney has summarized additional information regarding the legal parameters for the
“Limitations on Receiving Gifts” in Administrative Regulation 3.02.002.
21 The Council approved an update to the Local Code on September 15, 2020 (R2020-111).
Consult with the City Clerk for the most recent Local Conflict Code.
22 http://www.fppc.ca.gov/Form700.html
23 FPPC Regulation § 18730.
24 California Government Code §§ 53234, et seq.
25 http://localethics.fppc.ca.gov/login.aspx
26 http://www.ca-ilg.org/post/ab-1234-self-study
Page 36 of 37
City Council -Conflicts of Interest Overview – Updated November 13, 2020
Policy Resolution No. 19, Exhibit “C”
Page 8 of 8
4. Aspirational Ethical Guidelines, and Additional Resources. It is an
accepted tenet of our democratic tradition that while City officials (including
Councilmembers) wield the power of local government, they must only do so
as stewards of public resources and holders of the public trust. For this
reason, City officials are held to high standards of ethical conduct that go
beyond compliance with the obligations imposed by law (that are summarized
in this overview). When City officials strive to achieve these higher ethical
standards (e.g., trustworthiness, responsibility, respect, loyalty, compassion,
and fairness), actions will be taken that are in the best interests of the City
and the whole community, and that will serve as a positive example to co-
workers, residents, businesses, and visitors.
a. There are extremely helpful supplemental resources available to assist
Councilmembers in taking ethical actions that avoid conflicts of
interest, including: (1) the “Ethics and Transparency” webpage of the
Institute for Local Government,27 and (2) the FPPC Advice webpage.28
b. Because conflict of interest laws are voluminous and complex,
Because the application of these conflict of interest regulations can be
a complicated and fact-specific inquiry, and because the penalties for
violations may be severe (including civil penalties, forfeiture of office,
or criminal sanctions), it is strongly recommended that each
Councilmember seek more particular advice from the City Attorney’s
Office as early as possible.
27 http://www.ca-ilg.org/ethics-transparency
28 http://www.fppc.ca.gov/advice.html
Page 37 of 37